VIIT PHARMACY COLLEGE AND ANOTHER versus DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER

VIIT PHARMACY COLLEGE AND ANOTHER versus DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER

Because the PCI had granted approval to the petitioner colleges (orders dated 10.04.2020), the High Court had set aside the State policy insofar as the petitioners (order dated 09.11.2020), and the State issued a notification dated 19.03.2021 granting conditional affiliation after Affiliation Committee recommendations, and because the University's affidavit did not controvert the petitioners' averments, the Supreme Court directed the University to grant affiliation for academic year 2020-21 and permit the students to participate in the special examinations.

Parties
Petitioner: VIIT Pharmacy College; Petitioner: RV Institute of Pharmacy; Respondent: Dr. A.P.J. Abdul Kalam Technical University; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
15 April 2021
Procedural Posture
Writ Petition (c) / Decision by Supreme Court (order Dated 15.04.2021)
Outcome
Petition allowed
Legal Topics
Affiliation, Recognition of Degrees, Conditional Affiliation, Examinations, State Policy Challenge
Education Pharmacy Regulation Administrative Law Affiliation Recognition of Degrees Conditional Affiliation Examinations State Policy Challenge

Case Brief

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Parties

VIIT Pharmacy College

Petitioner

RV Institute of Pharmacy

Petitioner

Dr. A.P.J. Abdul Kalam Technical University

Respondent

State of Uttar Pradesh

Respondent

Procedural Posture

Writ Petition (c) / Decision by Supreme Court (order Dated 15.04.2021)

Legal Issues

  1. 1 Whether the University was obliged to grant affiliation to petitioners given PCI approval and High Court orders
  2. 2 Whether students of the petitioner colleges must be permitted to participate in special examinations for academic year 2020-21
  3. 3 Validity and applicability of the State policy restricting number of colleges per district in light of PCI approvals and High Court orders

Ratio Decidendi

Because the PCI had granted approval to the petitioner colleges (orders dated 10.04.2020), the High Court had set aside the State policy insofar as the petitioners (order dated 09.11.2020), and the State issued a notification dated 19.03.2021 granting conditional affiliation after Affiliation Committee recommendations, and because the University's affidavit did not controvert the petitioners' averments, the Supreme Court directed the University to grant affiliation for academic year 2020-21 and permit the students to participate in the special examinations.

Court Disposition

Petition allowed

Orders

  • Respondent No.1-University is directed to grant affiliation to the petitioner colleges for the academic year 2020-21.
  • Respondent No.1-University is directed to permit the students of the petitioner colleges to participate in the special examinations to be organized by respondent No.1-University for the academic year 2020-21 in view of the notification dated 19.03.2021.